The Hispanic Experience of the Child Welfare System

• Author: Ryan D. Davidson,Connie J. Beck,Meredith W. Morrissey
• Published date: 01 April 2019
• DOI: http://doi.org/10.1111/fcre.12404
• Date: 01 April 2019

ARTICLES

THE HISPANIC EXPERIENCE OF THE CHILD WELFARE SYSTEM

Ryan D. Davidson, Meredith W. Morrissey, and Connie J. Beck

As the Hispanic population grows in the United States and the child welfare system, it is necessary to examine how experi-

ences of Hispanic families differ from those of White/Caucasian families and to assess whether Hispanic families’needs are

properly addressed. This literature review will examine research on the outcomes and experiences of Hispanic families in the

child welfare system and how case characteristics interact with the experiences of Hispanic families. This article will then

explore theories for Hispanic families’different experiences and conclude by recommending future directions and solutions

for improving the experiences of Hispanic families in the child welfare system.

Key Points for the Family Court Community:

Hispanic families experience the child welfaresystem differently than White/Caucasian families and other minority families.

Risk factors associated with involvement with the child welfare system,case process, and case outcomes interact with

Hispanic ethnicity and culture, potentially impacting families’experiences within the system.

There are several theories, including the Hispanic Paradox, which attempt to account for the differences in experi-

ences for Hispanic families involved in the child welfare system.

National and court policies such as the American Safe Families Act and failure-to-protect laws can impact Hispanic

families, particularly immigrant families, differentially compared to families of other races and ethnicities.

Additional research is needed to better understand the strengths and needs of Hispanic families in the child welfare

system and improve quality and availability of services in the child welfare and other court systems.

Keywords: Child Maltreatment; Child Welfare; Hispanic; Latinx; Disparity.

There were approximately four million reports of child maltreatment involving over seven mil-

lion children in the United States in 2016 (Child Welfare Information Gateway, 2018). Once a

report is made, the child welfare system is responsible for investigating child maltreatment claims

and administering services to families that need assistance in caring for their children. Children

may remain at home or be removed and placed into out-of-home care. In the United States, families

with substantiated reports of maltreatment typically receive reunification services for up to

15 months, at which point the family is reunified or their parental rights are ter minated (Erickson,

2000). The decision-making process varies based on location, as substantiation rates and recom-

mended services differ depending on the country (Benbenishty et al., 2015).

Child welfare systems within each country have their own culture and values concerning child maltreat-

ment. Each orientation (child protection or family service) views child maltreatment through its own prob-

lem framework and has different modes of intervention, and the relationship between parents and

government can vary (Gilbert, 2012). Over time, the United States has moved from a primarily child pro-

tection focus (characterized by deviant behavior and poor parenting being the primary problems and an

investigative intervention with adversarial relationships with parents) to a more combined focus between

child protection, family service (increased focus on the stress of the family and emphasis on needs assess-

ment and partnering with families), and child development (emphasizing early intervention and govern-

ment involvement in caring for children; Gilbert, 2012). Even though there have been these shifts within

the United States, there are still cultural mismatches that occur between the primarily dominant culture of

the child welfare system and minority cultures of many of the families involved.

Correspondence: ryan.davidson@childrens.harvard.edu

FAMILY COURT REVIEW, Vol. 57 No. 2, April 2019 201–216

© 2019 Association of Family and Conciliation Courts

Previous research based in the United States indicates that children of color tend to be overrepre-

sented in the child welfare system (Hines, Lemon, Wyatt, & Merdinger, 2004; Hogan & Siu, 1988;

Shaw, Putnam-Hornstein, Magruder, & Needell, 2008) and that these children tend to experience

poorer outcomes compared to their White/Caucasian counter parts (Courtney, 1994; Courtney et al.,

1996; Hines, Lee, Drabble, Snowden, & Lemon, 2002; Wells & Guo, 1999). Families from minority

racial/ethnic groups come into the system with a distinct constellation of risk factors (Hines et al.,

2002) and have disparate experiences in the system that often result in lower reunification rates

(Courtney, 1994; Courtney et al., 1996; Hines et al., 2002). Most research examining the role of

race/ethnicity in child welfare has focused on comparing the experiences of African American fami-

lies with White/Caucasian families (Fluke, Harden, Jenkins, & Reuhrdanz, 2011) and little research

has examined the experiences of Hispanic families. Understanding Hispanic families’interactions

within this child welfare system is important, as the Hispanic population is the largest minority popu-

lation in the United States (U.S. Census Bureau, 2016), and the number of Hispanic families in the

child welfare system has steadily increased over the last several years (Dettlaff, 2008). The proportion

of Hispanic children with substantiated reports of maltreatment has more than doubled in the last

20 years (U.S. Department of Health and Human Services, 1997, 2018) and the population of His-

panic children in foster care has similarly risen (Child Welfare Information Gateway, 2017). In 2014,

the percentage of children with substantiated reports of maltreatment was higher for Hispanic children

than for African American children (U.S. Department of Health and Human Services, 2016).

Though rates of Hispanic children within the system are increasing, Hispanic children are still

slightly underrepresented in the child welfare system as a whole when compared to general popula-

tion statistics (Child Welfare Information Gateway, 2016). However, there is increasing evidence of

state and regional differences, resulting in overrepresentation in some states and underrepresentation

in others (Hines et al., 2004; Maguire-Jack, Lanier, Johnson-Motoyama, Welch, & Dineen, 2015).

Hispanic children experience different case outcomes than White/Caucasian children and reunify at

a lower rate than White/Caucasian children (Hines et al., 2002), indicating there may be differences

in how Hispanics interact with the child welfare system once a case is opened.

I. CURRENT ARTICLE

Understanding the experiences of Hispanic families in the child welfare system is crucial for determin-

ing whether changes in policy and practice are necessary to ensure that the unique needs of Hispanic fam-

ilies are met by the system. Further, families involved in the child welfare system often are

simultaneously involved in other court systems, such as family, criminal, and juvenile courts (Adam,

2010; National Council of Juvenile and Family Court Judges Cross-Over Committee, 2009). While many

courts exist in content-specific silos, families have complex problems that often span multiple courts. The

current article aims to describe the experiences of Hispanic families in the U.S. child welfare system. It

will first examine the literature detailing the experiences of Hispanic families as theyare process edwithin

the child welfare system. Second, it will review research explaining howvarious risk factors interact with

the Hispanic ethnicity and culture, thus potentially impacting their experiences and outcomes within the

system. Third, it will explore various theories accounting for the differences in experiences for Hispanic

families in the child welfare system. Finally,the cur rentar ticlewill outl ine future research directions.

II. CASE FLOWAND DECISION POINTS WITHIN THE CHILD WELFARE SYSTEM

A. REPORT RATES

Racial/ethnic disparities exist at each decision point with a child maltreatment case. The initial

report of maltreatment provided to child protective services (CPS) is typically the first point of

contact for a family in the child welfare system. Overall, Hispanic children and White/Caucasian

202 FAMILY COURT REVIEW